zimv20
Nov 6, 2003, 11:11 AM
link (http://www.boston.com/news/nation/articles/2003/10/08/executive_privilege_seen_as_leak_case_option/)
Despite President Bush's repeated pledges of full cooperation, administration officials yesterday refused to rule out invoking executive privilege to shield some documents from Justice Department investigators looking into whether someone in the White House illegally leaked the name of a CIA operative.
Presidents can invoke executive privilege to shield from public view some aspects of their internal decision-making process. "It's used to shroud advice that's sometimes inflammatory or has been rejected," said Thomas Sargentich, a law professor at American University in Washington, D.C. "Executive privilege is not supposed to be a shield in criminal investigations." [...]
If the White House asserts a claim of executive privilege, Sargentich said it would be a strong sign that the investigation is heading to the highest levels of the Bush administration, given that the claim can only be used to shield the president's decision-making process.
Despite President Bush's repeated pledges of full cooperation, administration officials yesterday refused to rule out invoking executive privilege to shield some documents from Justice Department investigators looking into whether someone in the White House illegally leaked the name of a CIA operative.
Presidents can invoke executive privilege to shield from public view some aspects of their internal decision-making process. "It's used to shroud advice that's sometimes inflammatory or has been rejected," said Thomas Sargentich, a law professor at American University in Washington, D.C. "Executive privilege is not supposed to be a shield in criminal investigations." [...]
If the White House asserts a claim of executive privilege, Sargentich said it would be a strong sign that the investigation is heading to the highest levels of the Bush administration, given that the claim can only be used to shield the president's decision-making process.
